← Library
Patna High CourtCWJC/17230/2022dismissed

Kalavati Devi (Sahaika) v. The State Of Bihar

2024-04-09Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17230 of 2022 ====================================================== Kalavati Devi (Sahaika) Wife of Shri Dudhnath Manjhi, Resident of VillageAalapur, PO.- Manjha, P.S. and Block- Manjhagarh, Distt.- Gopalganj, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Commissioner, Saran Division, at Chhapra. 3.

The District Magistrate, Gopalganj.

4.

The District Programme Officer, Gopalganj.

5.

The Child Development Project Officer, Block Manjhagarh, Gopalganj. 6.

The Headmaster, Government Middle School, Pyarepur, Block- Barauli, District- Gopalganj.

7.

Smt. Seema Kumari Wife of Shri Anil Manjhi, Resident of Village- Aalapur, P.O.- Manjha, P.S. and Block- Manjhagarh, Distt.- Gopalganj, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Rai, Advocate For the Respondent/s :

Mr.Prashant Pratap (Gp2) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(a) For quashing or Set aside the order dated 23.06.2022 passed in Aanganbari Appeal Case No. 10/2018 passed by the court of District Magistrate, Gopalganj whereby and where under the learned District Magistrate, Gopalganj has been pleased to upheld the order of District Programme Officer, Gopalganj dated 21.04.2018 passed in Aanganbari Appeal

Patna High Court CWJC No.17230 of 2022(2) dt.09-04-2024 2/3 Case No. 30/2018 erroneously without taking into consideration the facts available on record.

(b) For quashing or Set aside the order of District Programme Officer, Gopalganj dated 21.04.2018 passed in Aanganbari Appeal Case No. 30/2018 whereby and where under the District Programme Officer, Gopalganj has been pleased to nullify the appointment of the petitioner who was selected and appointed after following the due process on the post of Aanganbari Sahaika at Gram Panchayat Sipah Khas, ward no.08, village- Aalapur erroneously without following due process, without hearing the petitioner and taking into consideration the facts available on record.

(c) For a direction to the concerned respondent authorities to take appropriate step to reinstate the possession of the petitioner on the post of Aanganbari Shahaika at Gram Panchayat Sipah Khas, Centre No.-218, Mauza - Aalapur, Block Manjha, District - Gopalganj."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks

Patna High Court CWJC No.17230 of 2022(2) dt.09-04-2024 3/3 liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned Civil Court having competent jurisdiction, for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Saurav/- U